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HomeMy WebLinkAbout2016 11 21 Informational 201 Upcoming Appointment(s)/Reappointment(s)COMMISSION AGENDA ITEM 201 Informational X Consent Public Hearings Regular November 21, 2016 KS ALLL Special Meeting City Manager Department REQUEST: The City Clerk wishes to inform the City Commission of upcoming Appointment (s)/Reappointment(s) to the Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory Committee related to Terms of Office which will be expiring on February 1, 2017, as well pending openings on the Board of Trustees and the Oak Forest Wall and Beautification District Advisory Committee. SYNOPSIS: This Agenda Item is being provided as a reminder to the City Commission related to the Terms of Office of the Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory Committee, some of which will be expiring on February 1, 2017. Additionally, there is a pending opening on the Board of Trustees as well as the Oak Forest Wall and Beautification District Advisory Committee. CONSIDERATIONS: Related to the Terms of Office that are ending on February 1, 2017, the current Bicycle and Pedestrian Advisory Committee Members as well as the Parks and Recreation Advisory Committee Members for Seats One, Three, and Five have all been notified by the Office of the City Clerk. BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE: A copy of the enacting legislation which established the Bicycle and Pedestrian Advisory Committee is noted as Attachment "A" in this Agenda Item. Informational 201 PAGE 1 OF 4 - November 21, 2016 The Bicycle and Pedestrian Advisory Committee is a five (5) Member Advisory Committee, which currently meets quarterly on the third Wednesday of March, June, September, and December, beginning at 5:30 p.m. The Term of Service for this Committee is four (4) years. Current Sitting Members Whose Term of Office will be expiring February 1, 2017. Seat One: Ms. Janice Sorrentino Seat Three: Ms. Kit Lecky Seat Five: Mr. Larry Hartman PARKS AND RECREATION ADVISORY COMMITTEE: A copy of the enacting legislation which established the Parks and Recreation Advisory Committee is noted as Attachment "B" in this Agenda Item. The Parks and Recreation Advisory Committee is a nine (9) Member Advisory Committee, which currently meets quarterly on the first Tuesday of February, May, August, and November, beginning at 5:30 p.m. The Term of Service for this Committee is four (4) years. Current Sitting Members Whose Term of Office will be expiring February 1, 2017. Seat One: Mr. Arnie Nussbaum Seat Three: Mr. James Van Kleunen Seat Five: Ms. Nancy Greenberg BOARD OF TRUSTEES: An excerpt from Chapter 14 of the Code of Ordinances related to the Board of Trustees is noted as Attachment "C" in this Agenda Item. The Board of Trustees is a five (5) Member Advisory Board, which currently meets quarterly on the second Tuesday of February, May, August, and November, beginning at 5:30 p.m. The Term of Service for this Board is four (4) years. Appointment open as a result of the Election of Geoff Kendrick: Seat Five: Informational 201 PAGE 2 OF 4 - November 21, 2016 OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE: An excerpt from Ordinance 98 -704 of the Code of Ordinances related to the Oak Forest Wall and Beautification District Advisory Committee is noted as Attachment "D" in this Agenda Item. The Oak Forest Wall and Beautification District Advisory Committee is a five (5) Member Advisory Committee, which beginning in 2017, will hold their annual Regular Meeting on the first Thursday in April commencing at 5:30 p.m. The Term of Service for this Committee is four (4) years. Vacancy: Seat One: FISCAL IMPACT: There is no noted Fiscal Impact to any Appointment(s)/Reappointment(s) related to any of these Appointments outlined in this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Although the Members noted in this Agenda Item have all been notified, not all have responded yet. (The City Clerk will keep the Mayor and City Commission informed as to who would like to be Reappointed, and who may not want to seek Reappointment). RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. Informational 201 PAGE 3 OF 4 - November 21, 2016 ATTACHMENTS: Attachment "A ": Ordinance 2010 -06 - Creating the Bicycle and Pedestrian Advisory Committee (3 pages) Attachment "B ": Ordinance 2010 -07 - Creating the Parks and Recreation Advisory Committee (3 pages) Attachment "C ": An excerpt from Chapter 14 of the Code of Ordinances related to the Board of Trustees (1 page) Attachment "D ": Excerpt from Ordinance 98 -704 - related to Assessment Advisory Committees, including the Oak Forest Wall and Beautification District Advisory Committee (12 pages) Informational 201 PAGE 4 OF 4 - November 21, 2016 Attachment "A" ORDINANCE NO. 2010 -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Transportation Element Policy 1.5.18 directs the establishment of a trails advisory committee made up of residents who will work together to pursue the planning and implementation of an interconnected trail and bicycle system and make appropriate recommendations to the City Commission; and WHEREAS, a Bicycle and Pedestrian Advisory Committee is needed to pursue the planning and implementation of non - motorized transportation linkages within and throughout the City to supplement and further enhance the value of the Cross - Seminole Regional Trail within the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -43 and 2 -44 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -43. Creation-, composition; appointment of members. City of Winter Springs Ordinance No. 2010 -06 Page 1 of 3 (f) The Committee shall be subiect to the Florida Public Records Act and the Sunshine Law. Sec. 2 -44. Purpose and Duties. (1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the ci . (2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and surrounding area. (3) Assist with identifying funding sources and implementation strategies which further the development of an interconnected network of trails, sidewalks and bikeways within the cite. (4) Recommend to the city commission establishment, development, plannina_. funding; and maintenance of specific trail, sidewalk and bicycle proiects. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Winter Springs Ordinance No. 2010 -06 Page 2 of 3 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida; and pursuant to City Charter. ADOPTED by the City Commission of the City of assembled on the 23`d day of August, 2010. ATTESJ: A�DR1; RENZO- LUACES, City Clerk r Apprgv s o legal form and sufficiency for the .. 'i r Springs only- ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: April 12, 2010 August 23, 2010 August 23, 2010 City of Winter Springs Ordinance No. 2010 -06 Page 3 of 3 Springs, Florida in a regular meeting Attachment "B" ORDINANCE NO. 2010 -07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE PARKS AND RECREATION ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VII1, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Recreation and Open Space Element Policy 1. 1.2 directs the establishment of a Parks and Recreation Advisory Committee; and WHEREAS, a Parks and Recreation Advisory Committee is needed to advise in the planning and implementation of city parks and recreation programs; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -45 and 2 -46 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -45. Creation; composition; appointment of members. (a) Pursuant to Recreation and Open Space Element Police 1. 1.2 of the city's comprehensive plan. the City hereby creates a Parks and Recreation Advisory Committee. (b) The Committee shall have nine (9) members and membership on the Committee shall be in accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section. The membership of the Committee shall. whenever possible, include the following: Li I an active member of the Winter Springs Senior Association: Ci ij an active member of a youth sports organization or program; City of Winter Springs Ordinance No. 2010 -07 Page I of 3 (iii) an individual who is active in planning or assisting: with special events of the Cite; iv an individual who is active in an adult sports organization or progran Lv� an individual who uses or accompanies children in the use of Cite playgrounds: vi an active member of a conservation grout or agency, or an individual with experience in the use of parks for public purposes: vii an individual who participates in or supervises children who participate in the City's summer proyram(s), civic center program(s). camp(s) or other similarprocram(s). tyjjU an individual who is active in fundraising efforts: Ci_xj an individual with general interest in Parks and Recreation. (c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of cite parks and recreational facilities, as determined by application. No person shall he appointed with private or personal interests likely to conflict with the general public interest. (d) The Committee shall conduct four (4) quarterly regular meetin>;s each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e) The Committee shall establish rules and or bylaws to govern the manner in which its meetin:,s and affairs are conducted. provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (1) The Parks and Recreation Advisory Committee shall be subject to the Florida Public Records Act and the Sunshine Law. See, 2 -46. Purpose and duties. a) The pumose of the Parks and Recreation Advisory Committee is to promote park and recreation )roerams of the cite and to recommend to the Parks and Recreation Director. as well as other city utilize cite parks and related special events, fundraising and recreation ,rograms. The Committee shall verform the following duties: (1 ) Advise and assist the Parks and Recreation Direc city commission as needed. in matters involviny or af: (2) Keep the Parks and Recreation Director. as wi commission as needed, informed of the status and services, plans. special events, fundraisers and activiti (3) Advise and make recommendations to the Parks other city staff and the city commission as needed, participation in recreation and park }programs and dist: activities offered by the city; and City of Winter Springs Ordinance No. 2010 -07 Page 2 of 3 ion: as other city staff and the cit Recreation Director. as iti and and policies of the Recreation and Open Space Element of the city's comprehensive plan, Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23 d day of August, 2010. if JOT' " F. USH, Mayor ATTESL RENZO- LUACE -SC ity Clerk Apprt' ec as to legal form and sufficiency for the VAylf 'inter Spr ly: ONY A. GARGANESE, City Attorney First Reading: April 12, 2010 Second Reading: August 23, 2010 Effective Date: August 23, 2010 City of Winter Springs Ordinance No, 2010 -07 Page 3 of 3 Attachment "C" ARTICLE III. - PENSION PLAN Sec. 14 -51. - Adopted. (a) The city does hereby elect to provide for its employees a pension plan and trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of Winter Springs, Florida" (hereafter referred to as "the plan "). The plan shall be administered by a board of trustees as appointed in section 14 -52. HJ1 The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's office and authorizes the mayor and city manager to execute the plan on behalf of the city. The plan may be amended from time to time by resolution of the city commission. (c) The cost of the plan shall be paid entirely by the city from the pension fund. (d) The city shall be bound by the terms and conditions of the plan. (Code 1974, § 2- 6(a) —(c), (e); Ord. No. 2009 -01, § 2, 2- 23 -09) See. 14 -52. - Board of trustees. (a) (b) (c) (d) There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed and removed as set forth in section 2 -42. The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. Staggering of terms. Beginning in January, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter all appointments shall remain staggered and shall be made for a term of four years. Attachment "D" ORDINANCE NO, 98 -ja AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA RELATING TO CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING DEFINITIONS AND FINDINGS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR THE CREATION OF ASSESSMENT AREAS; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND THE COST OF CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY OF WINTER SPRINGS; PROVIDING FOR THE OPTIONAL AND MANDATORY PREPAYMENT OF ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF ASSESSMENTS, INCLUDING ASSESSMENTS IMPOSED ON GOVERNMENT PROPERTY; AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly requires otherwise: "Annual Local Improvement Assessment Resolution" means the resolution described in Section 3.07 hereof, approving the Local Improvement Assessment Roll for a specific Fiscal Year. "Annual Related Service Assessment Resolution" means the resolution described in Section 4.07 hereof, approving the Related Service Assessment Roll for a specific Fiscal Year. "Assessment" means a special assessment lawfully imposed by the City, against property located within an Assessment Area for the payment of the Project Cost of Local Improvements or the Operating Cost of Related Services. "Assessment Area" means any of the areas created by resolution of the City Commission pursuant to Section 2.01 hereof, that specially benefit from the acquisition and construction of any Local Improvements or Related Services. "Assessment Unit" means the unit or criteria utilized to determine the Assessment for each parcel of property, as set forth in the Initial Local Improvement Assessment Resolution or the Initial Related Service Assessment Resolution. "Assessment Units" may include, by way of example only and not limitation, one or a combination of the following: front footage, platted lots or parcels of record, land area, improvement area, equivalent residential connections, permitted land use, trip generation rates, rights to future trip K generation capacity under applicable concurrency management regulations, or any other physical characteristic or reasonably expected use of the property that is logically related to the Local Improvement or Related Service to be funded from proceeds of the Assessment. "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of Local Improvements and imposition of the related Assessments under generally accepted accounting principles; and including reimbursement to the City for any funds advanced for Capital Cost and interest on any interfund or intrafund loan for such purposes. "City" means the City of Winter Springs, Florida. "City Clerk" means the official custodian of all City records and papers of an official character as set forth in Section 4.10 of the City Charter, or her designee. "City Commission" means the City Commission for the City. "City Manager" means the administrative and executive head of the City as set forth in Article V of the City Charter, or his designee. "Final Local Improvement Assessment Resolution" means the resolution described in Section 3.06 hereof, which shall confirm, modify or repeal the Initial Local Improvement Assessment Resolution and which shall be the final proceeding for the imposition of a Local Improvement Assessment. "Final Related Service Assessment Resolution" means the resolution described in Section 4.06 hereof, which shall confirm, modify or repeal the Initial Related Service 3 Assessment Resolution and shall be the final proceeding for the imposition of a Related Service Assessment. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Initial Local Improvement Assessment Resolution" means the resolution described in Section 3.02 hereof, which shall be the initial proceeding for the imposition of a Local Improvement Assessment. "Initial Related Service Assessment Resolution" means the resolution described in Section 4.02 hereof, which shall be the initial proceeding for the imposition of a Related Service Assessment. "Local Improvement" means a capital improvement program or plan for the construction or installation by the City for the special benefit of a neighborhood or other local area. "Local Improvement Assessment" means a special assessment imposed by the City pursuant to Section 3.01 hereof upon each parcel of property within the Assessment Area. "Local Improvement Assessment Roll" means the special assessment roll relating to Local Improvement Assessments, approved by a Final Local Improvement Assessment Resolution or an Annual Local Improvement Assessment Resolution pursuant to Section 3.06 or Section 3.07 hereof. "Obligations" means bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligation issued or incurred to finance any portion of the Project Cost of Local Improvements and secured, in whole or in part, by proceeds of the Assessments. "Operating Cost" means all or any portion of the expenses that are properly attributable to Related Services under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any funds advanced for Related Services, and interest on any interfund or intrafund loan for such purpose. "Ordinance" means this Local Improvement and Related Service Assessment Ordinance. "Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of such Obligations, including investment earnings, (B) proceeds of the Assessments pledged to secure the payment of such Obligations, and (C) any other legally available non -ad valorem revenue pledged, at the City Commission's sole option, to secure the payment of such Obligations, as specified by the ordinance and resolution authorizing such Obligations. "Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the Transaction Cost associated with the Obligations which financed the Local Improvement, (C) interest accruing on such Obligations for such period of time as the City deems 5 appropriate, (D) the debt service reserve fund or account, if any, established for the Obligations which financed the Local Improvement, and (E) any other costs or expenses related thereto. "Property Appraiser" means the Seminole County Property Appraiser. "Related Service" means the operation and maintenance of a Local Improvement. "Related Service Assessment" means an annual special assessment imposed by the City pursuant to Section 4.01 hereof upon each parcel of property within the Assessment Area. "Related Service Assessment Roll" means the special assessment roll relating to Related Service Assessments, approved by a Final Related Service Assessment Resolution or an Annual Related Service Assessment Resolution pursuant to Section 4.06 or Section 4.07 hereof. "Related Service Cost" means all expenses that are properly attributable to maintenance of the Local Improvement (excluding amounts paid or reimbursed by FDOT) under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any moneys advanced for Related Service, and interest on any interfund loan for such purposes. "Resolution of Intent" means the resolution expressing the City Commission's intent to collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. "Tax Collector" means the Seminole County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Transaction Cost" means the costs, fees and expenses incurred by the City in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the City's financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (G) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and (H) any other costs of a similar nature incurred in connection with issuance of such Obligations. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION; TITLE AND CITATION. (A) Unless the context indicates otherwise, words importing the singular number include the plural number and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words 7 of any gender include the correlative words of the other gender, unless the sense indicates otherwise. (B) This Ordinance, being necessary for the welfare of the inhabitants of the City, particularly the owners of property located within the Assessed Areas, shall be liberally construed to effect the purposes hereof. (C) This Ordinance shall be known and cited as the "Local Improvement and Related Service Assessment Ordinance." SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, Section 2(b) of the Florida Constitution and sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self- government to perform municipal functions and to render municipal services except when prohibited by law and such power may be exercised by the enactment of legislation in the form of City ordinances. (B) The City Commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in (a), (b), (c), and (d) of section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of section 166.021(3), Florida Statutes, are not relevant to imposition of assessments related to Local Improvements or Related Services within the City. (C) The Assessments imposed pursuant to this Ordinance will be imposed by the City Commission, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be construed solely as ministerial. (D) The subject matter of this Ordinance concerns the City's budget and capital programs; accordingly, this Ordinance shall not be subject to reconsideration pursuant to Article IX, Section 9.01 of the City Charter. A ARTICLE II ASSESSED AREAS AND ADVISORY COMMITTEES SECTION 2.01. DEFINITION OF ASSESSED AREAS. The City Commission is hereby authorized to define Assessed Areas in accordance with the procedures set forth herein to include property located within the incorporated area of the City. Each Assessed Area shall encompass only that property specially benefitted by the Local Improvements or Related Services proposed for funding from the proceeds of Assessments to be imposed therein. SECTION 2.02. CREATION OF ADVISORY COMMITTEES. (A) The City Commission may establish by resolution an advisory committee for any Assessment Area within which Assessments are imposed. (B) Each advisory committee shall consist of at least five members appointed by the City Commission. Members of the advisory committee may be residents or persons with a vocational or investment interest in the Assessed Area. All members of any advisory committee shall serve at the pleasure of the City Commission. (C) Each advisory committee, for its respective Assessed Area, and in conjunction with City staff personnel, shall timely provide input and recommendations to City staff or City consulting professionals assigned the task of providing technical assistance in the following activities: (1) development of a budget for the desired Local Improvement or Related Services, (2) imposition of Assessments to fund the Local Improvement or Related Services, (3) issuance of the Obligations when required, and (4) maintenance of the Local Improvement or the provision of Related Services. The advisory 10 committee shall review and discuss issues related to the foregoing and other directly related matters of interest to the owners of property within the respective Assessed Areas and make such recommendations thereon as the advisory committee deems appropriate. (D) Unless otherwise provided by resolution of the City Commission: (1) each initial member of an advisory committee shall be nominated (one each) by the City Commission; however each nominee shall be confirmed by majority vote of the entire City Commission, (2) two members of the advisory committee first appointed, by the Commissioners from seats 2 and 4, shall serve 2 -year terms and the remaining three members first appointed shall serve 3 -year terms; thereafter members shall serve not more than two consecutive 3 -year terms; persons serving partial terms shall be entitled to serve the partial term and two full consecutive 3 -year terms, (3) each advisory committee shall have the authority to determine its own rules and procedures, provided that such rules and procedures are not inconsistent with law or direction of the City Commission; (4) each advisory committee may elect from its members a chairman and such officers as it may deem appropriate; however, each advisory committee shall designate from its members one person who shall serve as the official liaison between the advisory committee and the City; such liaison shall direct all formal communications to the City Manager regarding the business of the advisory committee; (5) all meetings of the advisory committee shall be noticed in advance and be held at City Hall and in all ways conducted in conformance with all government in- the - sunshine and open public- records laws, (6) on matters requiring a vote of the membership of the advisory committee, all members shall vote unless an actual conflict of interest is stated on the record, (7) each advisory committee shall meet not less 11 than once quarterly failure to attend three meetings in any one twelve month period or three consecutive advisory committee meetings shall be grounds for removal. SECTION 2.03. LANDOWNER PETITION PROCESS. At its option, the City Commission may establish or ratify a process pursuant to which the owners of property may petition or provide direction to the Commission relative to the creation of an Assessed Area to fund Local Improvements and Related Services. Notwithstanding any such process established or ratified pursuant to this Ordinance, the City Commission shall retain the authority to create Assessed Areas without a landowner petition non- binding ballot. 12